These "Terms of Use" set forth the terms and conditions that apply to your use of GetOnTheCouch.com or any subdomain, collectively the "Website". The GetOnTheCouch.com service is operated by GetOnTheCouch.com, collectively "us", "we" or "the company". By using or accessing the Website you, the "user" have read, understand and agree to comply with all of the Terms of Use, "Terms of Use", "Agreement", set forth herein, whether or not you are a registered user in GetOnTheCouch.com. GetOnTheCouch.com reserves the right to change, modify, update, add, or delete parts of Terms of Use, at our sole discretion, at anytime without further notice. When Terms of Use is updated, the changes will be posted on this page, along with a date the Terms were last revised at the top of the page. Users of the website are responsible to regularly check the Terms of Use to see if there have been any changes and review such changes. Your continued use of the website or any services after any such changes constitutes your understanding and acceptance of the new Terms of Use. Users who do not agree and accept the Terms of Use should not use or access or continue to use or access the Website. The right to use the Web Site is personal to you and is not transferable to any other person or entity.
Please read the Terms of Use carefully as they contain important information regarding your legal right, remedies and obligations. These include various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved.
USER ELIGIBILITY
GetOnTheCouch.com is intended solely for users who are sixteen (16) years of age or older. Any registration by, use of or access to the Website by anyone under 16 is unauthorized, unlicensed and is in violation of these Terms of Use. By using the Service or the Website, you represent and warrant that you are 16 or older and that you understand, agree to and to abide by all of the terms and conditions of this Agreement. Membership in the Service is void where prohibited.
USER REGISTRATION DATA
In consideration of your use of the Site, you agree to
(a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data");
(b) maintain the security of your password and identification;
(c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and
(d) be fully responsible for all use of your account and for any actions that take place using your account.
PROPRIETARY PROPERTY RIGHTS, COPYRIGHTS, LIMITED LICENSE, TRADEMARKS
A. All materials contained on the Web Site and available through the Service, including but not limited to content, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, the "Site Content", are the proprietary property of the Company, its users or its licensors with all rights reserved. Copyrighted January 01, 2010. All rights reserved.
B. No person is authorized to use, copy, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Site Content in any form or by any means, in whole or in part, without obtaining a prior written permission from GetOnTheCouch.com, except that the foregoing does not apply to your own User Content that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation and any other use of the Site Content is strictly prohibited.
Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data harvesting or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
C. GETONTHECOUCH, GetOnTheCouch.com and other Company graphics, logos, designs, page headers, button icons, scripts and service names that identify and represent the goods and/or services provided by the company are registered trademarks, trademarks and/or service marks or trade dress of Company in the U.S. and/or other countries. These Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of GetOnTheCouch.com.
D. We respect the intellectual property rights of others for the proprietary content that they own or control and we prohibit users from uploading, posting or otherwise transmitting on the GetOnTheCouch.com website or service any materials that violate another party's intellectual property rights. When proper Notification of Alleged Copyright Infringement is received, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site constitutes copyright infringement for proprietary material that you own or control, you may send a written notification of such infringement to us at privacy@GetOnTheCouch.com. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, GetOnTheCouch.com has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, users who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
License to Use the Site
GetOnTheCouch.com grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or other means expressly prohibited by any provision of these terms and conditions of use.
Changes to Terms and Conditions
GetOnTheCouch.com reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.
Ownership; Restrictions
GetOnTheCouch.com owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. GetOnTheCouch.com is the owner of the copyright in the entire Site. GetOnTheCouch.com owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or any portion thereof for any public or commercial use without the express written permission of GetOnTheCouch.com. You may download one (1) copy of Content from the Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in such Content, including without limitation trademarks and service marks of GetOnTheCouch.com and its affiliates or the copyright holder identified in the individual Content's copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and servicemarks of GetOnTheCouch.com and its affiliates and Content owners by viewing the Copyright and Trademark Notice.
Changes to Site or Content
GetOnTheCouch.com shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including but not limited to Content, features, or hours of availability. GetOnTheCouch.com may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
Acceptable Use Policy
As a condition of your use of this Site, you warrant to GetOnTheCouch.com that you:
Will only use this Site for lawful purposes in accordance with our terms and conditions.
Agree with our online Privacy Policy.
Agree to honor our intellectual property rights.
Agree to provide us with accurate information as necessary for the proper conduct of our Site and to take responsibility for the information you provide.
Acknowledge that we may be unable to process and shall have no responsibility to process requests the accuracy of which we cannot validate.
Agree not to create a link (other than personal "bookmark" or "favorites" entry) to our Site without first obtaining our written permission.
Will refrain from using profane, vulgar, inflammatory, libelous, or similarly discourteous language in any e-mail or form entry created through this Site.
Indemnification
You shall indemnify, defend and hold harmless GetOnTheCouch.com (U.S.), Inc., its parent, subsidiary and other affiliated entities, and all their officers, directors, owners, agents, employees, Content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site. GetOnTheCouch.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of GetOnTheCouch.com.
USER CONDUCT AND ACTIVITY
You understand that the Website, Services and Goods are available for personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
GetOnTheCouch.com reserves the right to remove offending, harmful, defamatory, threatening, unlawful, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable content from the site and terminate the Membership of such violators. GetOnTheCouch.com reserves the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited Activities and Content include, but are not limited to, in the sole discretion of GetOnTheCouch.com;
- uploading, posting, transmitting, sharing, storing or otherwise making publicly available content that contains nudity, violence, or offensive subject matter, or is offending, harmful, defamatory, threatening, unlawful, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- harassing or intimidating another person;
- exploiting people in a sexual manner;
- soliciting information from anyone under the age of 18;
- soliciting passwords, personally identifying information for commercial or unlawful purposes;
- furthering or promoting any criminal activity.
- using the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- registering for more than one User account, for a User account on behalf of an individual other that yourself, or registering for a User account on behalf of any group or entity;
- conducting criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material;
- using automated scripts to collect information from or otherwise interact with the Service or the Site;
- advertising to, or solicitation of, any other user of the Website by means of unauthorized advertising including but not limited to solicitations, promotional materials, "junk mail", "Spam", "chain letters", "pyramid schemes" or any other form of solicitation;
- impersonating a person or entity other than you;
- misrepresenting or falsely stating yourself, your age or your affiliation with any person or entity;
- using any information obtained from the GetOnTheCouch.com site in order to harass, abuse, or harm another person;
- collecting email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- uploading, posting, transmitting, sharing, storing or otherwise making publicly available any videos, pictures, images, music, sound files other than those that are yours, your friends', are created, taken, recorded, captured by you or your friends;
- uploading, posting, transmitting, sharing, storing or otherwise making publicly available on the Site any private information of any third party, including, but not limited to addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- uploading, posting, transmitting, sharing, storing or otherwise making publicly available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- uploading, posting, transmitting, sharing, storing or otherwise making publicly available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- uploading, posting, transmitting, sharing, storing or otherwise making publicly available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
You acknowledge that other users of the Site may elect to receive a notification from the Service when you sign in or when you post, upload, transmit, share, store or otherwise make Content publicly available and that users may send you instant messages and other information via the Service, including Chat Rooms. If you desire to block the notification feature of the Service sent to other users or if you don't want to receive messages from such users, you can enable the "Block" feature of the Service. The "Block" feature allows you to create a list of users you wish to block, which you can review and edit from time to time. If you choose to block a user with "Block" feature, it does not guarantee the blocking of said user and its messages in Chat Rooms. Your ability to send and receive messages, post, upload, transmit, share, store or otherwise make Content publicly available, may be blocked by GetOnTheCouch.com and by other users, which may partially or wholly limit your ability to use the Service. By using the Service, you agree that GetOnTheCouch.com has no responsibility for assessing or resolving any disputes arising from a user's ability to block, send messages, or otherwise use the Service.
You understand and agree to and abide by, without limitation, not to use the Site in a manner that constitutes a prohibited conduct/activity as outlined above.
CONTENT POSTED ON GETONTHECOUCH.COM
You are solely responsible for the questions, answers, comments, editorials, photos, profiles, messages, notes, text, information, music, video, advertisements, listings, chat participation and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may modify, change, moderate partially or as a whole, delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might harm, violate the rights of, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
You understand that when you upload, post, transmit, share, store or otherwise make Content publicly available, other online users will have access to this Content.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), stream, store, retain, transmit, scan, modify, edit, adapt and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at Company's sole discretion. GetOnTheCouch.com is not responsible for any failure or delay in removing User Content. If Company chooses to remove your User Content, the license granted above will automatically expire; however you acknowledge that the Company may retain archived copies of your User Content. Girls Ask Guys assumes no responsibility for monitoring the site for inappropriate Content or conduct, including the content of any messaging on or through Chat Rooms, Instant Messaging, or Other Messaging. If at any time we choose, in our sole discretion, to monitor the Website, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
Links to Other websites
The Site may contain links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third party sites, maintained by third parties, does not constitute an endorsement by GetOnTheCouch.com or any of its parent companies, subsidiaries and affiliates of any third party resources or their contents. Links do not imply that GetOnTheCouch.com or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, tradename, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, tradename, logo or copyright symbol of GetOnTheCouch.com or any of its affiliates. You should direct any concerns regarding any external link to its site administrator or webmaster. GetOnTheCouch.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. GetOnTheCouch.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.
PRIVACY
GetOnTheCouch.com take privacy or its users very seriously. Please review our Privacy Policy for more information. By using the Website, users understand the potential cross-border nature of communications made using the Services and acknowledge that using the Services may result in interstate and international transmission of data and agree to have their personal data transferred, processed and kept in the United States.
Disclaimer of Warranties and Damages; Limitation of Liability
The Company is not responsible or liable at anytime, in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of GetOnTheCouch.com by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. GetOnTheCouch.com provides the rules for user conduct and activities and provides services, medium, products, applications that Users can use as outlined above as User Conduct. The Company is not responsible for user conduct, whether online or offline, what users post or share on the site, including the nature of such postings. Users use the services of the site at their own risk and should be aware that they might encounter offensive, inappropriate, obscene, unlawful or otherwise objectionable content on the Website or in connection with any User Content or Third Party Applications, Software or Content.
The Site and the Service may be temporarily unavailable from time to time due to maintenance, outage, technical malfunction or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including without limitation any Mobile Service. Under no circumstances will GetOnTheCouch.com be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
Important: GetOnTheCouch.com cannot and does not assume responsibility or guarantee the accuracy, completeness, safety, reliability, timeliness, innocuousness, or legality of anything said, written, posted, displayed or otherwise made available by any user, including answers, opinions and advice submitted by members, and we recommend that you use common sense when following any advice, opinions, instructions or statements or any other Content found on the website.
THE WEBSITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM GETONTHECOUCH.COM, ITS MEMBERS AND THIRD-PARTY INFORMATION PROVIDERS. THIS CONTENT IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE WEBSITE AT YOUR OWN RISK. WE STRONGLY URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE CONTENT ON THE SITE.
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER GETONTHECOUCH.COM NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR RELIABILITY OF THE SITE, THE CONTENT THEREOF, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. GETONTHECOUCH.COM AND ITS PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO GETONTHECOUCH.COM' NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
Without limiting any of the foregoing, GetOnTheCouch.com makes the following specific disclaimers for the following categories of information:
MEDICAL, PSYCHOLOGICAL & HEALTH INFORMATION: The content found on the website is not medical, psychological or health advice and should not be used to diagnose, treat or cure any medical or health condition nor does it create any kind of doctor-patient or health/medical/psychological advisor relationship. You should NOT rely upon the medical, psychological, health, dietary, nutritional or other professional or non-professional information or opinions provided and you should always speak to your personal health care provider before beginning, changing or stopping any medication or any treatment. You are solely responsible for any decisions, omissions or actions you take or do not take.
INVESTMENT & FINANCIAL INFORMATION: The content found on the website is not financial or investment advice nor does it create any kind of investment advisor or financial advisor relationship. You should NOT rely upon the financial and investment information or opinions provided herein and you should conduct your own independent research and consult with your personal investment advisor before making an investment or financial decision. You are solely responsible for any investment and financial decisions, omissions or actions you take or do not take.
LEGAL INFORMATION: The content found on the website is not legal advice nor does it create any kind of attorney-client or legal advisor relationship. You should NOT rely upon the legal information or opinions provided and you should consult with your personal legal advisor; this site is not a substitute for an in-person consultation with an attorney, as the applicability of the legal principles discussed at this site may differ substantially in individual situations or in different states or countries. You are solely responsible for any legal decisions or actions you take or omissions you commit.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
NO REPRESENTATIONS OR WARRANTIES, LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES SHALL GETONTHECOUCH.COM, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF GETONTHECOUCH.COM, ITS PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
GetOnTheCouch.com Rights to Materials Provided by Users
GetOnTheCouch.com welcomes your comments regarding our merchandise and services, including the Site. However, any or all material and information provided by you to the Site may be included in a database owned by GetOnTheCouch.com and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site to the fullest extent permitted by law.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or within the Site, you grant to GetOnTheCouch.com a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by GetOnTheCouch.com of any material or idea submitted by you in any Communications or receive any compensation for such use. You waive all rights to any claim against GetOnTheCouch.com for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that GetOnTheCouch.com is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever.
No Responsibility for Transmitted Material
You acknowledge that transmissions to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to GetOnTheCouch.com or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and GetOnTheCouch.com or any GetOnTheCouch.com affiliate, parent company or subsidiary other than pursuant to these terms and conditions of use. GetOnTheCouch.com shall not be responsible for the payment of any monies to any party in connection with GetOnTheCouch.com use of Communications submitted by you to the Site.
Merchandise Pricing
All prices displayed on this Site (excluding catalogs) are quoted in U.S. Dollars and are valid and effective only in the United States.
Non-United States Residents
GetOnTheCouch.com makes no representation that materials in the Site, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this Site from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
General Provisions
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in the State of New Jersey and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and GetOnTheCouch.com with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or GetOnTheCouch.com of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. "GetOnTheCouch.com" as used herein shall mean GetOnTheCouch.com (U.S.), Inc.
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